National Guard Federalization & Emergency Powers
California
SF
Oct. 20 - President Trump asserted in an interview that aired Sunday on Fox News that he plans to deploy the National Guard to San Francisco. (NYT.)
LA
Oct. 23 - The Ninth Circuit denied rehearing en banc in Newsom v. Trump, leaving in place a panel decision allowing President Trump’s federalization of the California National Guard. In a statement joined by ten of her colleagues, Judge Marsha Berzon wrote in dissent from the denial. (Order.) Steve Vladeck detailed the current state of play in the National Guard cases nationwide. (One First.)
D.C.
Nov. 28 - Two West Virginia National Guard members were shot in D.C. on Wednesday; one died, and the other is still in critical condition. The suspected shooter is an Afghan man who worked with the C.I.A. in Afghanistan and fled the country in 2021. (WaPo.) Later on Wednesday, the Trump administration filed an emergency motion in the D.C. Circuit seeking an administrative stay pending appeal of a district court preliminary injunction barring the government from continuing the National Guard deployment in Washington D.C. (Emergency Motion.)
Nov. 21 - Judge Jia M. Cobb (D.D.C.) issued a preliminary injunction barring the Trump administration from continuing its National Guard deployment in Washington D.C., finding the operation likely unlawful but staying her order for 21 days “to permit orderly proceedings on appeal.” (Memorandum opinion.) (Order.) (NYT.)
Oct. 27 - During a hearing on Friday, lawyers for the D.C. attorney general’s office asked a district judge to halt President Trump’s deployment of out-of-state National Guard troops in the nation’s capital, arguing they are carrying out prohibited law-enforcement functions, while the administration defended broad presidential authority over the Guard. (WaPo.)
Illinois
Nov. 12 - The Trump administration and the state of Illinois filed supplemental briefs on whether the term “regular forces” in 10 U.S.C. § 12406 refers to the regular forces of the U.S. military, and if so, how it affects the administration’s domestic operation in Chicago. (Government brief.) (Illinois brief.) (ScotusBlog.)
Oct. 30 - The Supreme Court on Wednesday delayed ruling on the interim order application in Trump v. Illinois, directing the parties to file supplemental briefs addressing whether the term “regular forces” in 10 U.S.C. §12406(3) refers to the regular forces of the U.S. military, and how that interpretation bears on the relevant statute. (Order.)
Oct. 21 - The state of Illinois and city of Chicago on Monday filed their response in Trump v. Illinois. (Response.) (NYT.)
Oct. 20 - The Trump administration on Friday submitted an application to the Supreme Court for an immediate administrative stay and a stay pending appeal of a district court temporary restraining order barring the administration from deploying the National Guard to Illinois. (Application.) (NYT.) Justice Barrett requested Illinois officials file a response by Monday, but the justice did not issue an administrative stay. (Docket.)
Oct. 17 - A panel of the Seventh Circuit denied the Trump administration’s motion for a stay of a temporary restraining order (TRO) enjoining the administration from deploying the National Guard in Illinois. As reported in a previous Roundup, the Seventh Circuit had previously stayed the portion of the district court’s TRO enjoining the federalization of the Guard in Illinois. (Per curiam order.)
Oct. 14 - The Seventh Circuit Court of Appeals on Saturday granted the government’s request for an administrative stay with respect to the “federalization of National Guard . . . within Illinois” but denied the request with respect to the deployment of the National Guard. (Order.) (WaPo.)
Oct. 10 - Judge April M. Perry (N.D. Ill.) issued a temporary restraining order Thursday blocking the Trump administration from deploying the National Guard to Illinois. (Temporary Restraining Order.) (WSJ.)
Oct. 7 - The state of Illinois and city of Chicago on Monday filed a motion for a temporary restraining order and preliminary injunction to block the deployment of approximately 400 Texas National Guard troops to Illinois. (Plaintiffs’ Motion.) (Memorandum in Support.) See yesterday’s Roundup for background.
Oct. 6 - Illinois and the city of Chicago filed a lawsuit today in the U.S. District Court for the Northern District of Illinois Eastern Division seeking to block President Trump’s deployment of National Guard members to Chicago. (Complaint.) (NBC.)
Oregon
Nov. 20 - The Chief Judge of the Ninth Circuit on Wednesday granted a partial administrative stay of a district court’s Nov. 7 permanent injunction, temporarily permitting the federalization of the Oregon National Guard while the court considers the government’s stay request and awaits the Supreme Court’s ruling in Trump v. Illinois. (Order.)
Nov. 18 - The Justice Department on Sunday filed an emergency motion in the Ninth Circuit seeking a stay of a Nov. 7 permanent injunction issued by Judge Karin Immergut (D. Or.) that barred the federalization and deployment of any state’s National Guard to Portland. (Emergency Motion.) See a previous Roundup for background.
Nov. 10 - Judge Karin Immergut (D. Or.) on Friday ruled that President Trump’s federalization and deployment of National Guard troops to Portland exceeded his authority under 10 U.S.C. § 12406 and violated the Tenth Amendment. (Findings of Fact.) The court permanently enjoined Defense Secretary Pete Hegseth’s memoranda authorizing those deployments, while staying the portion of its order affecting the troops’ federalized status for 14 days. (Partial Final Judgment.) (WaPo.)
Nov. 4 - The Justice Department moved to dismiss as moot its appeal in the Ninth Circuit of a district court temporary restraining order barring the “federalization and mobilization of the Oregon National Guard” on the ground that the TRO expired. The filing notes that Oregon opposes the motion and intends to file a response. (Motion to dismiss.)
Nov. 3 - Judge Karin Immergut (D. Or.) on Sunday issued a preliminary injunction barring the administration from deploying federalized National Guard troops in Oregon through Nov. 7, finding President Trump likely exceeded his authority under 10 U.S.C. § 12406 and violated the Tenth Amendment. (Opinion and Order.) (NYT.)
Oct. 30 - The Justice Department acknowledged that Oregon National Guard soldiers were briefly deployed to Portland despite a temporary restraining order issued hours earlier, prompting Judge Karin Immergut (D. Or.) to suggest the action may constitute “contempt and a direct violation of my TRO.” (NYT.)
Oct. 29 - The Ninth Circuit Court of Appeals on Tuesday voted to rehear the Portland National Guard case en banc and vacated the Oct. 20 panel decision allowing President Trump to federalize and deploy Oregon’s National Guard in the city. (Order.)
Oct. 28 - The Justice Department sent a letter to the Ninth Circuit correcting a statement it had made in a sworn declaration before the court that “nearly a quarter” of Federal Protective Service officers were diverted to Portland, clarifying that it was “approximately 13.1 percent.” (Letter.)
Oct 27 - The Ninth Circuit has administratively stayed its Oct. 20 order allowing members of the Oregon Guard to be deployed to Portland, preserving a district court’s Oct. 4 temporary restraining order through 5 p.m. on Tuesday while en banc proceedings continue. (Order.) See a previous Roundup for background.
Oct 21 - The Ninth Circuit Court of Appeals on Monday granted the government’s motion for an emergency stay pending appeal of a district court temporary restraining order (TRO) blocking the president from deploying 200 members of the Oregon National Guard to Portland. (Per curiam order.) (WSJ.) A judge on the Ninth Circuit has sua sponte requested a vote on whether the case should be reheard en banc (Order.) In light of this decision, the government filed a motion to dissolve or stay the second TRO from the same district court blocking the president from deploying members of the California National Guard to Portland. (Motion to dissolve/stay Oct 5 TRO.)
Oct. 9 - The Ninth Circuit Court of Appeals on Wednesday granted the government’s request for an administrative stay of a district court’s temporary restraining order against the federalization of National Guard service members to Oregon. (Order.) Oral argument for a stay pending appeal will be heard today. See a previous Roundup for background.
Oct. 6 - Judge Karin J. Immergut (D. Or.) on Sunday night issued a second temporary restraining order blocking the Trump administration from deploying out-of-state National Guard troops to Oregon, telling Justice Department lawyers that the president’s orders were “in direct contravention” of her order from the day prior. (Order.) (NYT.) On Saturday, Judge Immergut had issued a temporary restraining order barring the federalization of Oregon National Guard troops, finding that the president had likely “exceeded his constitutional authority and violated the Tenth Amendment.” (Opinion and order.) (NYT.)
Oct. 3 - The Justice Department on Thursday requested that Judge Michael H. Simon (D. Or.) recuse himself from Oregon’s suit against the Trump administration for federalization of Oregon’s National Guard based on public criticisms of the order by his wife, Rep. Suzanne Bonamici. (Suggestion of Recusal.) Judge Simon recused but explained that he did so not because the recusal was required by federal law or judicial ethics, but rather to ensure the focus of the lawsuit remains on the “critically important constitutional and statutory issues presented by the parties.” (Order.)